the coverup continues. like the claim that four americans including ambassador chris stevens were bruteally murdered because of a spontaneous protest to have a video trailer the obama administration and hillary clinton in particular continue the coverup. the white house pattern of deception became more apparent when the administration admitted that u.s. intelligence knew within 24 hours benghazi was a terrorist attack and suspected al-qaeda was behind it. >> if you want to be president you owe the american people the truth. >> judge jeanine: why did you guys jump out and blame it on a

video? why did you say it wasn't about the administration about morn american policy or about americans? why did you take out an ad and apologize to the muslim world? now, that more facts are coming out they want us to take more time before we draw any conclusions. >> it will take time before we have a complete understanding of what actually did happen. >> judge jeanine: why didn't you take time for a complete picture to emerge? hello and welcome to "justice" i'm judge. judge jeanine pirro. it gets even worse. hillary clinton's state department had credible

information 48 hours before terrorists charged our consultate in benghazi that american mixes may be targeted. the state department gave no warning, did not put personnel on high alert or lockdown even on the anniversary of 9/11. >> and with all of our mixes overseas in advance 6 september 11th and is done every year we did an evaluation on threat streams and the office of the director of national intelligence has said we have no actionable intelligence that an attack on our post in benghazi was planned or imminent. >> judge jeanine: the amazing thing is that our sources tell us is there were up to 60 prier aah saults, 60 prior violent incidents but even more outrage krause reports are the state department turned down requests by our ambassador to put more

security at the consulate. in fact, pathetically the state department actually reduced security. the shame is that in one of the most dangerous places in the world there was no bulletproof glass. no marines accompanying the a.m. bass dorland and nontheame other protections available to our embassy. s. >> it included a unit of host government community forces as well as a local guard force of the kind that we rely on in many places around the world. >> judge jeanine: really? in benghazi? one of the most dangerous places on earth they should have the same security as switzerland? really the country that per capita provided more people to fight america than any other country in the world. by the way the libyan guards that the host government provided not only are suspected of gaving up our satisfactory

house location to the terrorists but actually ran away during the attack. and are the british that much smarter than we are? they got the hell out of benghazi in june. they were only one block from us. they saw the hand writing on the wall. they knew what was coming. the bottom line is hillary clinton's state department not on denied our ambassador the security he needed but they actually took security down a level, putting american lives in danger. we know that ambassador chris christopher stevens was in fear. he wrote that he was on an al-qaeda hit list. christopher stevens believed in america and believed he could make a difference are. he upheld his part of the bargain, the obama administration, hillary clinton in particular did not. now, the house oversight and government reform committee will commence an investigation wednesday on the failure of

security at our consulate in benghazi. pennsylvania congressman pat meehan sits on the homeland security and oversight government reform committee and joins us from philadelphia. good evening, congressman. >> good evening, judge. nice to be with you. >> judge jeanine: nice to have you with us tonight. one of the issues the committee he is going to be looking into are the reports that as many as 60 prior violent assaults may have preceded this actual property attack in benghazi. could you tell us anything about this? >> judge, of course, you know from your experience one of the things is when you have whistle blowers who are are insiders that bring information and that has motivated the activities of this committee and information which suggests that there were numerous opportunities for a prudent department to be looking at the activities including as you identified attacks on the british interests there, actual attacks

including ones with i.e.d.s itself, thelatity st. louis, american consulate in june. an awareness there should have been a much higher appreciation for the risk and those are the facts that we like to try to have the state department answer to. >> judge jeanine: it is interesting that in the letter that was sent to hillary clinton as the secretary of state there are are at least 13 separate attacks prior attacks identified but they say that multiple u.s. federal government officials have confirm ited that the u.s. mission in libya had made repeated requests for increased security but it was denied. if you find that to be the case and you also were able to determine at least from his own diary that the ambassador was in fear what are the sanctions, what are the consequences, what can you do? >> well, that first we have to start with the facts to

determine that when you get sanctions my sense is it is accountability should be for anybody within the organization who turned a blind eye to the requests. our principal is to make sure to understand and make sure that communications are working effectively and they are appropriately protected in other locations as well. >> judge jeanine: you know, congress mappman you can even k at fast and furious. took forever to resolve itself and immigrations made by darrell issa turned out to be pretty accurate. there were few if any consequences. my question is this -- will there be a review or are a

assessment of ambassador rice's comments about this being a fake movie that was the spur of that? and will there be some kind of accountability in terms of putting more funds or making sure that our embassies are protected in these dangerous areas? >> well, let me start with the comments that ambassador rice and that is clearly going to be one of the issues that is going to be the subject of the inquiry by the oversight committee. you had comments almost a full five days after the incident still continuing to suggest that the motivation for are this was the film that had been made that was inciting activity within the region. within 24 hours you had comments from the country by libyan officials themselves suggested it was a well organized attack by al-qaeda. why would the state department be making comments that seemed to be contrary to the facts.

d certainly as to whether or not this was a misrepresentation or even a sort of a misdirection, some might even suggest coverup of what was known and what actually happened is going to be part of what is looked at. >> judge jeanine: thank you very much, congressman for being with us tonight. and good luck on wednesday. i'm sure that the hearings will continue. and hopefully provide information for the american people. >> judge jeanine: and former deputy assistant secretary of defense and fox news national security analyst casey mcfarland my -- k.t. mcfarland joins us this evening. i just want to segue from what the congressman just said and that is that they will look at the issues and look tok see what the rial etan was. we don't even have to address the issue of the video, right, that is just hog wash. >> it was a joke from the beginning. >> judge jeanine: and the libyan president said it was prepostorrous itself.

>> absolutely. three things we should look for. you did a great job by the way of outlining them. initially intelligence. what was the intelligence failure. why did we not know. there had already been attacks on this embassy in june. the area was getting much more dangerous. why did we not know? if we do know, why did we fail to provide the security. >> judge jeanine: let me stop you there. if we did know why did we file provide the security not only if we he did know which e-mails steam to end kate we did and the ambassador was a i friday and when cnn finds his journal they start criticizing cnn. what would the motivation be to not protect our ambassador? why? >> i think really it is because of a third failure and that that is the policy failure. this administration was easy to go topple dictators throughout the region and claim this was an outbreak of western liberal democracies.

is not what is happening. even when they go to the ballot box they are electing muslim brotherhood islamists. did this not fit too terri schiavo are rative, did they not take it seriously. once it was going down they knew the consulate was under attack and the ambassador was there. why didn't they send in a group to rescue him? >> judge jeanine: tell me why? >> i don't know. i talked to one person and they said maybe they just were worried it would be a blackhawk down incident? i said what do you mean the ambassador was expendable? well, they didn't provide any sources or resources to go rescue him while he was there. >> judge jeanine: you are are familiar with all of this and you worked in president regan's administration, correct? >> yep. >> judge jeanine: if an american was killed then along with three other officials what do you think would have happened? >> we would have gone in it to rescue them. you didn't know if they were dead or taken hostage.

why didn't you send in reenforcement. the two seals thar that were k, they knew something was going on and rushed in to the scene to see if they could be of any assistance. i got a whole lot of questions about this but one of the fundamental questions is who would have made a decision to not provide that security. i was in the white house during waterget and i promise you when coverups start happening it is because they are covering up somebody at top, not cover up some junior official and a decision to override an ambassador's request that is not some pager in the pentagon. >> judge jeanine: maybe it doesn't go along with the narrative that this is the beginning of democracy and secularism in libya and if they killed bin laden how could al-qaeda still be around? >> it doesn't fit in with the narrative and they wanted to keep everything quiet until after the election. >> judge jeanine: is that sad? >> yeah, it is. why are they trying to cover

something up? you know, the white house as you pointed out, the first thing was blame the individual joe. the video had nothing to do with it. and anyway if you blame the video what is going to happen with the white house sponsored movie that is going to come out in december showing americans killing bin laden? >> as always, k.t., we love having you on. >> thank you so much. >> judge jeanine: thank you. and coming up, will governor romney's big debate win affect the race? and later, ben stein ob the libya attacks and the 2012 election. ♪

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i am going to say something controversial here. obama arrived in denver at 2:00 p.m. today just a few hours before the debates started. romney did his debate prep in denver. when you go to 5,000 feet. >> exactly. >> and you only have a few hours to adjust.

>> that is interesting. >> i don't know. >> judge jeanine: who is the person who is saying that is interesting? that is crazy! all right, the next presidential debate it ten days away. will governor romney keep his momentum going or will president obama do better this time at a lower altitude? indiana congressman dan burton and texas congress woman sheila jackson-lee join us. how are you this evening? >> fine, thank you. >> what do we think about that claim? think it could have been the altitude? i will start with you congress woman jackson-lee. >> that claim never came from president obama nor his camp nor any of us who think atoutly astutely, debates don't govern or provide healthcare or o investment in innovation and provide opportunities for young people for higher education and

doesn't provide a safe and secure nation. that is what president obama can stand on over the last couple of years and certainly stand on improved rates that show our jobless numbers are going down. >> judge jeanine: we appreciate you saying that. why couldn't the president say that himself? why couldn't the president say what she just said? >> i can't comment about what the president did or didn't do. all i can say is that to me he was totally unprepared and he didn't know what was going on. he looked like he was somebody that was caught a deer in the head lights and governor romney was very well prepared. he knew what he was talking about and took it right to the president. and when you do that it shows to the american people that you really are in a position to govern and lead and the president as i said before, he was lost. if it didn't have a strong political per situation you would have fel felt sorry for e

guy because it was tearable. governor romney showed he has the ability and intellect and aware of the issues so he knows how to be a good president and i think he gained a lot in the debate. >> judge jeanine: to each of you, you are going with your own side, that's fine. but going forward, will the president who didn't rebut any of the claims with any kind of ofmp programs tess tickal go with you congressman jackson-lee, that he is in a position to, you know, say that his administration has done something for the american people in the last three and a half years? >> judge, i would love to take that question. first of all, let me say that governor romney was pumped the other night, we understand that. he buried himself in facts. he wanted to overcome some very dark days that he had. i remember words always will are ring clear that you are not entitled to food, healthcare or

education or going over to one of our greatest allies and. >> judge jeanine: you do not believe that you are not entitled to healthcare. the guy did massachusetts healthcare, what are you talking about? >> judge, judge, when you are in the dark of night and there are to cameras and you say what you believe people in america do not deserve healthcare, food or education so as it relates to the president as it relates to the president, judge. >> judge jeanine: this is a man who said that with 87% of the opposing party in the state of massachusetts he got healthcare has passed, how can you sit here and tell me -- >> but the democrats in the state of massachusetts were prepared to compromise and work together. that is not the case in the united states congress but the president shows how he can govern by the successes we have had and the economy turning with a 7.8% something we don't like but it is making a difference. 114,000 jobs created in the last month. >> judge jeanine: the last word on that one.

>> let me say this if anybody thinks this economy is really burning up the track they are just not paying attention. we have 26 million people unemployed. 47 million people on food stamps. the economy is floundering. business will not invest or expand because they don't know what the future holds for them if this president gets reelected and a lot of businesses are leaving this country and going overseas because of that. if you want a viable. >> judge jeanine: i got to go. wasn't that what the president was talking about saying you get a deduction if you go overseas. >> most of the american people believe that the country is going in the right direction and we are making a difference and going forward. >> judge jeanine: we'll see in november. >> we'll see. >> judge jeanine: thanks so much for being with us this evening. >> thank you, i was at a planned parenthood dinner and had a great time tonight. >> judge jeanine: coming up, could a 2007 video of president obama affect the upcoming election is? later, everyone agrees mitt

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take a listen to president obama at this week's debate. >> the question here tonight is not where we have been but where we are going. governor romney has a

perspective that says if we cut taxes skewed towards the wealthy and roll back regulations that wele be better off. i have got a different view. i think we have got to invest in education and training. >> judge jeanine: and now listen to the president in this 2007 speech to hampton university. >> what is happening down in new orleans? where is your dollar? where is your stanford egg money? makes no sense. tells me the bull let hasn't been taken out. tells me that somehow the people down in new orleans this they don't care about as much. >> judge jeanine: wow. i got to tell you, my guest tonight republican strategist noelle nikpour and former poster for president clinton and fox news contributor doug schoen join me this evening.

noelle, very quickly. two different presidents. two different president obama's. >> i wonder if he goes to europe if he adopts a french accent. it was insane. >> it was almos racially. what do you think? you are almost nodding your head? >> it in the scheme of things i don't think it makes all that much difference. >> judge jeanine: what? >> he was speaking to a particular constituency. >> talking about bull lets and the federal government doesn't care about you because you are from new orleans. >> we are five years hence and just through a debate. we have big issues facing. >> judge jeanine: you want to talk about the debate? >> i want to talk about the election. >> judge jeanine: will the debate change the election. >> it changed the narrative in the campaign. the polls are about dead even, now. >> judge jeanine: in fact, even more than that. >> swing states dead even and bottom line we now all have a situation and noelle can speak to this better that the money

advantage which was president obama's in september, $181 million i think is going to swing in governor romney's election. >> right after this debate when looked at msnbc i switched oh remember to make sure that they were going to validate our opinion of us wining that race or us winning that debate and we had chris matthews out there. >> judge jeanine: he was trashing the president he was so angry. cnn, 57% say romney won. >> this is all coming down to fund raising. romney's fund raising has picked up totally. i had three donors emale me around midnight stating they were going to rally the troops and these are big donors. >> judge jeanine: is it going to matter in terms of the money going forward? >> yes, it will but the big date is the next debate i think about ten days. >> judge jeanine: and what is the obama camp doing now? >> going to sharpen their attacks on governor romney and try to present him as an

extremist who wasn't presenting the real governor romney and you will see an engaged president obama but a harsher more negative president obama in the town hall. >> judge jeanine: they say that the town hall is going to be more friendly to obama. i got to tell you the obama that i saw and noelle, i will ask you to comment on this seemed angry and disengaged and disgusted, arrogant? >> i looked at obama and i actually think that he was -- this was beneath him. i think that he thought i'm the president of the united states and i have to stand up here and argue against this guy. >> judge jeanine: why didn't he rebut the facts and then why does he he come out the next day and say you saw a different guy? you you could have said it the next before. >> i think he was poorly prepared. >> hog wash! he is the president. >> he is defending his own record. >> and bill clinton wanted to be confronted. i don't believe this president wants to be confronted. i don't believe he was and i think lost his focus. >> he is confronted by the reporters all the time.

>> judge jeanine: he is smart. why does very to prepare? he does this job, doug. >> he recents it. >> judge, you were a lawyer and a very good one. there is lawyer smart and debating smart. he is law review smart, not debating smart. >> judge jeanine: how about president smart? >> that remains to be seen. we got another 32 days to go. >> judge jeanine: what do you expect from the town hall because i got a heart break coming up. >> you are seeing his weakness right now before everybody. >> how does he say that the narrative the last four years is good for the american people. >> unemployment now down. >> for the first time in 42 months got a down 2/10. >> they are part-time jobs and that is where the big numbers. >> and they are better than no jobs at all. >> judge jeanine: and you know better than anybody, doug that the numbers can be spun and affected bay narrative. >> cook the books. he has to learn to do it. >> i love having you both on. noelle and doug, thanks for being with us. >> thank you. >> thank you. >> up next, the administration

says it is going to bring those responsible for the libya attacks to justice. do you think they can even do it? later, famed economist ben stein weighs in on the presidential race.

live from america's news headquarters i'm harris faulkner. american airlines reports it is back in full operation tonight. this follows two days of flight cancellations over the loose passenger seats on dozens of planes. this affected some 14,000 travelers. airline officials say they traced the problem to faulty pins which are supposed to hold the seats in place. american says that sections and repairs are now complete on all of its 757 jets. defense secretary leon panetta says he is worried border are clashes between syria and turkey could lead to

skirmishes. three shells hit turkey today. turkey retaliating with artillery fire. the violence began after a mortar killed five civilians in a turkish down. i'm hear ric harris faulkner. now, back to "justice" with judge. >> doug: mean in. if embassies around the world relied on the same protection that libya relied on how safe are they from attacks? president obama vows to bring those responsible to justice. with me is former special operations deputy commander major general timothy haig. thanks for being with us. >> you're welcome. thank you. >> judge jeanine: it is our understanding there were threats against the ambassador prior to the attack in benghazi and this is something that even

you can confirm. why didn't we protect him and keep him safe? >> that is i think the threshold question in all of this. there had been earlier threats in libya -- in tripoli, excuse me, that he had gone out on runs and they were going to try to hit him on a run so they cut the runs out for a period of time and then they went back to that. so they knew that he was in jeopardy. but the threshold question as i say is what was the ambassador doing 400-miles from his embassy, at night, on the anniversary of 9/11 without his security detail? to me that is mind boggling. >> i could put it another way. he was at a consulate. it is not like he was out to dinner. he was at an american protected consulate.

the better question is why was he not given the security that he asked for because of the prior attacks on benghazi before? why was the administration tone deaf here? >> it is a loosey-goosey kind of situation and i think to find the answer to your question and my question is to for the oversight committee to bring in the security detail without the supervisors and put them under oath and ask these questions and i think from there a lot will be reveled. >> i think that is going to happen, general. but in terms of the administration saying the day after on september 13 they said look we will put the fbi in charge of this. you and i both know an attack on our embassy is an act of war who puts the tubb that can't get there for three weeks when every rookie cop knows you got to preserve the crime scene immediately. if if we can't get into the

country what makes us think that now we will bring them to justice? >> precisely. that is a course of action designed to achieve no result. >> judge jeanine: exactly. >> and if we believe that this was a terrorist act which i believe it was, then a military response is called for but you there are political implications to that. we have to have a presidential decision directed. if you are an american soldier you can't just go into a foreign country and kill somebody. you have to have legal authority from the president and from the chain of command to do that. that is where it gets a little dicey. and -- >> judge jeanine: go ahead, general, finish your point. >> and there would be a price to pay nor the local government because we would have the situation in libya that we have in pakistan now. >> the truth is that ghadaffi reresumed negotiations because he gave up the nuke efforts and

gave up the jihaddists. it is morisy by the way and i take that back. when morisy says, am i right with morisy? but he says it was prepostor oust movie thing and we keep giving them money and they say you can't come into libya. we give them the money and they economy an act of war and we say we don't want to go in because we might make them angry. you are general. does this make sense? >> well, no, but you i'm a general not an ambassador or dep plow mat so i see the world in different terms. >> judge jeanine: you are a fighter, general. you know what you have to do to fight to win. they kill us, we give them money and wait three weeks to send in the investigative agency. is that how the military should handle it? >> no, in this part of the world particularly people understand force and whether you like like it or not what is the coin of the realm so that is what you have to be doing. if they give you the option of

being a decent human being and, of course, you would prefer to do that but it is often not given. >> judge jeanine: general, thanks so much for being with us this evening. >> thank you, judge. >> judge jeanine: all right. >> always a pleasure. >> judge jeanine: and the white house says it is investigating a possible al-qaeda threat in north africa but the fbi in libya for just a few hours questions have to be asked about american intelligence operations and the security that we have in place for our american officials at our embassies. former intelligence officer for secretary of defense rumsfeld and former member of the homeland security council mike barrett and a security guard who received a purple heart after being injured in a suicide bomb blast at the beirut embassy in 1984 join us. gentlemen, you just heard me he with the general. the issue of our headaching a decision to put the -- making a decision to put the fbi in charge to go in three weeks later to a crime scene that has

been looted, burned and pretty much destroyed, is that a decision that you see as one that will bring any resolution to the problem here? and i will start with you mike barrett. >> we clearly lost any initiative that you will have in terms of collecting the right kind of evidence and using the intelligence networks to find the right number of people to go after these guys. you would obviously want to be on the ground and building the relationships. the administration is not taking the threat seriously. their narrative is that the war on terrorism is over and eceptionly there will be peace throughout the middle east and that s what they want to believe and all evidence to the contrary. >> judge jeanine: and rich brewer in a situation like this and you have been a marine who has protected some of our embassies. is this the kind of scenario where we should send in the fbi or is this something that the marines should be handling?

>> i think this is something that the marines and the military should be he handling and sending in the fbi actually dehe grades the thought process that this is an act of terrorism versus a criminal act and what we should be doing is putting forth a military effort versus putting together a criminal investigation. i mean it has been 20 days since this has happened. we put in the sti fbi and thiss not degrading the fbi but we put them in for an hour on to the crime scene. whatever evidence they gathered is irdevelop rant. we needed a military response about 20 days and go and we needed it strong to send a message to those individuals that if you hit us we are going to hit you harder and it is going to hurt harder and you do not want to do that to us. >> all right, mike barrett, now the fact that we appear week in

the middle east right now. they are killing americans and we are sending in the fbi because and with all due respect to the fbi they were too scared to go in or we couldn't provide them with the military security to get in there. we got reporters who get the ambassador's diary, what is the policy of the administration besides being disengaged but how do they protect americans in the middle east now? >> i it is exactly as your last guest said. part of the region that unfortunately enforces what speaks loudest. in an effort to appear open to negotiation andy plo and s. di, we decided to declare that we are getting out of conflicts and present an open hand if you as opposed to being strong and so the weakness pervades throughout the policy across the entire region and i think one of the big phiallings of the administration we are not being honest with the american public in terms of the types of

attack that happen on our interests throughout the region nor with americans choosing to be in the region as students. i had an example in turkey. you get security briefings from the state department. we are not being honest with students over there and people traveling throughout the region and frankly putting more people at risk because of a policy of domestic politics and the election. >> judge jeanine: and quickly, rich brewer, i mean a consulate or an embassy should have 30 to 40 marines covering it. why would the department of state and hillary clinton make a decision to not give the ambassador the protection he needed? >> failed policy. as simple as is that. we we look at the security on the ground benghazi, no consulate should have been left that naked, that unprotected especially on 9/11 with the ambassador present on hand. we have a president who is so willing to claim responsibility

or credibility for killing osama bin laden yet when it comes to the fact that we lost an ambassador and four others he is not willing to accept responsibility for the loss of life as he is to accept credibility for are the taking of a life of osama bin laden and if you are going to -- >> judge jeanine: very interesting. very good point. >> if you are going to accept the credibility for teaing the life you -- for taking the life you need to accept the responsibility for losing the lives. >> judge jeanine: thanks for be withing with us, guys. >> thanks, glug thanks for having me. >> judge jeanine: coming up ben stein calls for one high ranking official to resign over the libya attack. stick around to find out who he says should. later, does a big win in the debate mean a big gain in the polls? ...seems like you guys got a little gassed out there. enough already. c'mon guys. next question. hello! what's your favorite color?

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>> judge jeanine: in the aftermath of the deadly libya attack, president obama's actions and inactions have been debated by politicians and pundits but one familiar face turned his sights on secretary of state hillary clinton for failing to protect her diplomats. he is the former speechwriter for presidents nixon and ford, economist and author of how to really ruin your financial life and portfolio, ben stein. thanks for being with us. >> honor to be here. no place else i would rather be

on a saturday night. >> judge jeanine: lie to me, i love it. how do you ruin your financial portfolio? >> try to pick stocks yourself. try to guess when the market is going to go up and when it is going to go down. don't keep enough money in cash and diversify your portfolio and don't make any attempt to match your assets with liabilities. totally forget about retirement and forget about inflation and buy risky investments and listen to hot tips from friends at the country club or golf course. speculate in commodities and gold and silver and that kind of thing. >> judge jeanine: now, i don't have to buy your book because you just read it for me. >> mostly try to be a genius and try to jut think the market is how you do it. >> judge jeanine: in this day and age the white house came out with the the numbers and said unemployment is 7.8 even though this has been over 8, can you make money in this environment? >> yeah, my gosh the stock

market is doing fantastically unbelievably well. there has been astounding jim uptick in real estate inding certain parts of the country. amazing real estate rally in some parts of the nation's capital and in south, florida. the real estate market i think is recovering unless something comes along to knock it down. there throw the football is a recovery in real estate coming and it could be a doozy. i could be totally wrong but we have such a push from the federal reserve it could be a substantial rally. >> judge jeanine: what is scary is that it doesn't feel that way. some americans have lost their home and they are out of work and working two jobs. >> i agree. >> judge jeanine: everybody has been knocked down. >> not everybody. >> judge jeanine: maybe we run in different circles. let's go back to what i teased this segment with and that is that you did a tweet that someone should resign, hillary clinton in particular, for failing to protect our

ambassador. why do you say that? >> she is in charge of the foreign service. she is head of the state department. in charge of the security for the foreign service. there is no doubt that she missed entirely all of the signals running like a crazed river of hell towards her from the middle east seaing something treble is going to happen to our diploic service there. several assassination attempts and small arms and explosive attempts against diplomatic personnel and they begged for help in libya and she didn't send my, she is responsible and bang she should resign. that is the dig anified thing to do and what would commonly be done. not only has she not offered to resign. she is acting like it happened on another planet and days after it happened, hours after it happened her boss mr. obama was being on tv shows and laughing and joking about making beer in the white house. i mean god love him if he wants to make beer in the white house but i think there are more important things on his plate.

>> ben, what about the fact that they made up this scenario and i don't think any one disagree with this, that it was all about a movie and the muslim world was outraged, it wasn't about the american policy or the white house, meanwhile the chant death to america all over the middle east is burning. do you see that as a lie to cover up their ineptitude? >> fox news had it on fox news within 12 hours of the murder that's al-qaeda flag had been being run up all around and that the weapons used to attack the consulate were quad mounted heavy duty antiaircraft automatic cannon. the kind of thing a person does not normally carry. herrheavy duty sophisticated pa cannon.hine the people were shouting osama bin laden's shouts. and no crowd just carries around that kind of weaponry. it was a planned assault and knew it. this was the 9/11 anniversary.

>> judge jeanine: very quickly because i'm coming to a break. we would they make this up? >> a, they are startling arab and b, they are ashamed to admit their mistake. a cover up just like an earlier guest said, it is a cover up just like water gate except that lives were lost. >> judge jeanine: great having you here on a saturday night. thanks for joining us. >> thank you. >> judge jeanine: romney's big debate has an unexpected benefit for the republican challenger. it could be a game changer. and governor romney's debate when this -- what is that?

>> judge jeanine: governor romney ms debate this week generated $12 million in online contributions as well as new volunteers, bigger crowds at events. but will his surge translate to votes? the latest rasmussen poll shows governor romney leading the president by two points. 49% to 47. larry sabato, author of pendulum swing joins us from charlottesville. good evening, larry.

>> good evening, judge. >> good to have you with us tonight. so we had a change there is no question that romney won the debate. the numbers are moving in romney's direction. the money is moving in his direction. what will happen at the town hall? >> well, governor romney has to continue to score big. remember bounces fade. he is getting a bounce. how could he not? 67 million people watched that debate. and show saw the tremendous gap that existed between the two candidates on the stage. as jon stewart said there is no red america, there is no it blue america, this is just an america that agrees that president obama bombed at the debate. and look, judge, to put it into context, four years ago when mccain and obama debated, 5 million tuned in. this was a much larger audience. but romney has to continue the momentum. he has to score big at the two

remaining debates to continue the momentum. >> judge jeanine: do you think that obama is going to go on the offensive now? if they are all saying he wanted to be presidential although i thought he was totally disengaged. do you think in this town hall debate or whatever you want to call it that he is going to be more aggressive? >> no, he will try. but you are right to focus on the format, the town hall. it is really difficult to be too aggressive in a town hall. it is difficult to use those zingers that you prepared because remember you have got a live audience and people are relating to you and reacting to you. some of your older viewers and i'm one of them, will remember the town hall in 1992 between george h.w. bush, bill clinton and ross perot. how did bill clinton win that? in part because he was able to

neal the pain of individual member -- to feel the pain of the individual members of the town hall asking questions. president bush found it a very frustrating format. it depends on o the candidate. again, i think governor romney has probably prepared better and longer for this format than president obama has. >> judge jeanine: you know and i'm curious about the numbers. are the president's numbers are there -- is there an inherent weakness in his numbers and what i mean by that is that apparently most people didn't know romney for anything other than the equips that the white house put out or the commercials and when they got to see him they like him. his favorability went, you know, all the way up from what it was. so does this mean that his numbers can and improve and that the president's numbers are weaker than we think they are? >> no, politics doesn't work that way and particularly not in a polarized age, judge. people are really dug in.

you know, these debates are mainly for the under5% of the american voters who still don't know for whom they will vote. that's right. 95% or more of the voters know for whom they will vote or they already voted. we are approaching 10% of the actual vote having already been cast in the 30 dates where voting is going on. be every day is election day. >> judge jeanine: and what do you think is going to happen with the vice presidential candidates. larry? >> this is going to be really interesting. often the vice presidential debates don't matter. though i think it did four years ago with sarah palin and joe biden. but because that last debate drew such an enormous audience with romney and obama and because romney did so well, i will bet you we have a larger than expected audience for the vp debeat this coming week. >> i think it should be very interesting.

joe biden is very experienced and paul ryan is very smart. anyway, larry, thanks so much for being with us this evening. that's it for us tonight. thanks for joining us. see you next week.mout same time.eath captioned by closed captioning services, inc. water will work for a few seconds but if you're not drinking it, it's going to get dry again. i recommend biotene. all the biotene products like the oral rinse...the sprays have enzymes in them. the whole formulation just works very well. it leaves the mouth feeling fresh. if i'm happy with the results and my patients are happy with the results, i don't need to look any farther. [ chuckles ] ♪ [ honk! ] ♪ [ honk! ] ♪ [ honk! ] ♪ [ male announcer ] now you'll know when to stop. honk! ]

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statistical numbers -- i will